What is justice and what are the parameters of justice are the questions that have been bothering intelligent minds since a very long time. In simple words one can understand the term justice as being just and fair. The concept of justice revolves around the idea that all have the right to be treated with dignity and fairness no matter who they are.
Justice is one of the most important moral values in the sphere of law. Though being just and fair may sound simple yet justice in its practical approach is very complicated. The essence of justice is to treat people equitably.
Let us take an example of a shopkeeper who owns a cake shop. It is a busy day and he is occupied taking cash from a customer and suddenly there is a customer who walks in and waits for his turn to purchase a particular pastry that he buys on a regular basis. This is his favorite pastry and the only piece to be remaining in the shop.
Meanwhile, there is another customer who later walks in and mentions that it’s his child’s birthday and he would like to purchase that single piece of pastry which is remaining in the shop as his child enjoys eating this pastry. Now here it is upon the shopkeeper as to who should get that single piece of pastry.
Such a situation is viewed differently by different people which will give rise to differing opinions based on the perspective from which they are looking at this situation. Thus, practically being just and fair as well as understanding the concept of justice is different from its theoretical approach.
Justice in simple words means being just and fair. This can be in two forms namely: Natural Justice and Legal Justice.
Natural justice is also known as moral justice. This justice is done by God and is considered to be the perfect form of justice. Legal justice is also known as positive justice and is administered by humans. Compared to natural form of justice this form of justice is said to be imperfect.
These two forms can be understood through the following example: D a notorious cheat takes loan from a poor widow and taking advantage of her innocence affixes a postage stamp instead of a revenue stamp on the promissory note that he gives to the poor widow. Though D may succeed on a technical point of law when sued in Court as such promissory note is not admissible as evidence but however while coming out of the Court D is hit by a car and disabled for life then one may say that natural justice is done as God has punished him for cheating the poor widow.
The major differences between the two are as follows:
Natural justice is believed to be done by God while legal justice is administered by humans. Natural justice is perfect whereas legal justice is not perfect. Natural justice is also known as moral justice while legal justice is also known as positive justice.
Natural justice is true and ideal form of justice by God while legal justice is the realization and expression of natural justice by humans. Natural justice is based on natural values that are universal in nature while legal justice is based on rule of law which means that no one is above the law.
Thus, these are the major differences between natural justice and legal justice.
